Amarjeet Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28357 of 2025 Arising Out of PS. Case No.-113 Year-2022 Thana- UJIYARPUR District- Samastipur ====================================================== Amarjeet Sah Son of Ram Babu Sah village- Nikaspur, Ps- Ujiyarpur, DistSamastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Randhir Kumar No 1, Adv.
For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with S.T. No. 518 of 2022 arising out of Ujiyarpur P.S. case No. 113 of 2022 instituted for the offences under Sections 304B/34 of the Indian Penal Code.
3. Prosecution case, in short, is that petitioner and his family members have tortured and killed the deceased for the non-fulfillment of demand of dowry.
4. The petitioner has renewed his prayer for grant of regular bail which was earlier rejected by this Court vide order dated 14.03.2024 passed in Cr. Misc. No. 46821 of 2023 with a liberty to the petitioner to renew his prayer for bail if the trial is
Patna High Court CR. MISC. No.28357 of 2025(3) dt.08-08-2025 2/3 not concluded within one year.
5. In compliance to the earlier order of this Court dated 29.04.2025, the learned court below has sent its report regarding present stage of trial which is contained in Flag- 'X'.
6. From perusal of the report dated 13.05.2025 sent by the learned court below, it appears that out of nine prosecution witnesses, five witnesses have been examined and for the remaining witnesses, a bailable warrant has been issued on 16.04.2025.
7. Learned counsel for the petitioner submits that the petitioner is in custody since 16.09.2022 and the trial has not been concluded as yet and, thus, there is no likelihood of conclusion of the trial in near future.
8. Having heard learned counsel for the parties and taking into account the entire facts and circumstances of the case as also the period of custody of the petitioner, this Court, in the interest of justice is inclined to grant bail to the petitioner.
9. Accordingly, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with S. Tr. No. 518 of 2022 arising out of Ujiyarpur P.S. Case No.
Patna High Court CR. MISC. No.28357 of 2025(3) dt.08-08-2025 3/3 113 of 2022, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner.
(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
10. The learned court below is also directed to expedite the trial and conclude the same as early as possible. (Rudra Prakash Mishra, J) rishi/- U T